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Warsaw. Writer Renata Lis wanted to recognize her marriage to a woman in Poland, the office informed the prosecutor's office

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Writer and translator Renata Lis married a woman in Denmark, and then applied to the Warsaw Civil Registry Office for transcription, i.e. entering a foreign document into Polish books and recognizing it. The office has not made a decision yet, but has already informed the district prosecutor's office. In 2022 (when Zbigniew Ziobro was the prosecutor general), investigators asked officials for a signal in any similar case. Why has nothing changed, even though half a year has passed since the change of government? – The changes have taken place, but I don't think they have reached everyone yet – Piotr Skiba, spokesman for the District Prosecutor's Office in Warsaw, tells tvn24.pl.

Renata Lis is the author of the book “My Beloved and Me”, which tells her personal story about life in a relationship with a woman. The ladies got married in Denmark, and on May 17 they applied to the Civil Registry Office for a transcription of the marriage certificate. – Transcription means translating a foreign document and entering it into Polish books. It is also a recognition of its importance and impact on the legal reality of the interested persons – explains attorney Karolina Gierdal, who represents Renata Lis and her wife.

/In the “Without Politics” program on TVN24, writer and translator Renata Lis talked about her latest book “My beloved and I”/

Attorney Gierdal emphasizes that other same-sex couples with marriage certificates concluded abroad had previously applied for similar action from Civil Registry Offices in various parts of the country. – Unfortunately, these cases ended the same everywhere. A refusal, says the lawyer.

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He says that the sequence of events is always similar – first, the head of the Civil Registry Office does not agree to the transcription, so the couple writes an appeal to the voivode. – When he also refuses, the trial begins. First before the Provincial Administrative Court, and then before the Supreme Administrative Court – says the tvn24.pl interlocutor.

The role of the prosecutor's office

However, not every couple decides to go to court. This is because – as attorney Gierdal says – some people give up, discouraged by the decision of the Supreme Administrative Court from 2022 in the case of Dawid Mycek and Jakub Kwieciński described by uswho stated that the Polish Constitution “does not prohibit the statutory regulation of same-sex relationships”, but at the same time pointed out that “currently, the Polish legislator has not decided to establish this type of solutions.”

– As long as there are no legal changes, courts will have to issue negative judgments for same-sex couples – says the lawyer.

But what is the prosecutor's office doing in this whole case and why were the investigators informed about the submitted application in the case of the writer Renata Lis and her wife? The letter from the prosecutor's office referred to by Warsaw officials (dated May 23, 2022) was sent by investigators when Zbigniew Ziobro was the prosecutor general.

– Prosecutors then had an obligation to join this type of proceedings. It should be noted that the prosecutor may become involved in any case if he/she deems it necessary to protect the rule of law, citizens' rights or social interest. Here, their task was to prevent such a marriage certificate from being entered into Polish civil status records – says attorney Karolina Gierdal.

Jakub Kwieciński and Dawid Mycek are fighting for the legalization of their marriage certificate in PolandTwitter/@JakubiDawid

“The scriptures have passed”

The negative attitude of the right towards homosexual relationships is no surprise to anyone. However, the United Right is no longer in power in Poland, and offices are constantly alerting investigators that an application has been received for the transcription of a marriage certificate concluded abroad.

We asked this question to the spokesman of the District Prosecutor's Office in Warsaw, prosecutor Piotr Skiba.

– In the first half of May, the District Prosecutor's Office in Warsaw received a letter from the national prosecutor, Dariusz Korneluk. It included the position of Prosecutor General Adam Bodnar, who stated that there is no need for prosecutors to join this type of proceedings, prosecutor Skiba said.

So why does the Warsaw Civil Registry Office keep sending such letters to investigators? – Perhaps the letters informing about the changes were missed – replied the spokesman of the District Prosecutor's Office in Warsaw when asked.

Human rights violations

Attorney Karolina Gierdal, representing Renata Lis and her wife, points out that some homosexual couples, after receiving a refusal to request a transcription of the marriage certificate, no longer decide to take the case to a Polish court. – At the same time, they are taking the case to the European Court of Human Rights – says the lawyer.

In December last year, the European Court of Human Rights in Strasbourg issued a judgment in a case initiated in 2017 by a complaint by five Polish same-sex couples. He stated that Poland was violating Article 8 (the right to respect for private and family life) of the European Convention on Human Rights because the country had failed to fulfill its obligation to provide couples with a legal framework ensuring the recognition and protection of their relationships.

SEE: The landmark judgment of the ECtHR in Strasbourg on same-sex relationships in Poland.

– It must be emphasized that court judgments are not opinions that can be ignored. However, so far this has not translated into the legal order in Poland – concludes attorney Gierdal.

READ: Most Poles support the legalization of same-sex relationships, support for adoption is growing. Poll.

Main photo source: TVN24

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